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Washington Revised Code Title 4. Civil Procedure § 4.105.030. Stay

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Except as otherwise provided in subsections (4) through (7) of this section, on the earlier of the giving of notice of intent to file a motion under RCW 4.105.020(1) or the filing of a motion under RCW 4.105.020(2):

(a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b) On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under RCW 4.105.020.

(2) A stay under subsection (1) of this section remains in effect until entry of an order ruling on the motion under RCW 4.105.020 and expiration of the time under RCW 4.105.080 for the moving party to appeal the order.

(3) Except as otherwise provided in subsections (5), (6), and (7) of this section, if a party appeals from an order ruling on a motion under RCW 4.105.020, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(4) During a stay under subsection (1) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under RCW 4.105.060(1) and the information is not reasonably available unless discovery is allowed.

(5) A motion under RCW 4.105.090 for costs, attorneys' fees, and expenses is not subject to a stay under this section.

(6) A stay under this section does not affect a party's ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(7) During a stay under this section, the court for good cause may hear and rule on:

(a) A motion unrelated to the motion under RCW 4.105.020; and

(b) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

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Cite this article: FindLaw.com - Washington Revised Code Title 4. Civil Procedure § 4.105.030. Stay - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-4-civil-procedure/wa-rev-code-4-105-030/

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